MUNNI DEVI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard.

(2.) This judgment shall dispose of the above mentioned two appeals bearing no. FAO No. 95/1995 filed by the claimants, and FAO No. 219/1994 filed by the Insurance Company against a common award dated 12th August, 1994 passed by Sh. Charanjit Jawa, Judge, MACT, Delhi.

(3.) The facts of this case in brief are that Sh.Jagannath, a mason aged about 37 years suffered injuries in a motor vehicle accident which took place on 4th January, 1979, caused by the negligent driving of Jaipal Singh, while driving truck no. DLL 7134. His right leg was ultimately amputated. If has further come in the statement of P.W.1, injured, that after suffering injuries he was taken to the police station in the Mehrauli. He was bleeding profusely. He regained consciousness in Safdarjung Hospital. He further stated that he was put under plaster and after about 13-14 days, his leg was amputated above knee. No cross-examination was addressed on this point. This is corroborated by the statement of the Dr. V. N. Maitra of Safdarjung Hospital. Unfortunately, during the prolonged period of litigation Jagannath expired on 9th November, 1985. In case one goes by the definition of the term "total disablement" specified in Para 1 of Schedule (i) of the Workmen's Compensation Act, 1923 then the injured suffered injury mentioned in item no. 19 "19 -Amputation below middle thigh to [8.89 cms.] below knee i.e. 60%.